Form I-9 - Employment Eligibility Verification

Federal law requires that every employer who hires an individual for employment in the U.S. must complete Form I-9, Employment Eligibility Verification.

Texas A&M also participates in the E-Verify program, a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States.

Departments are responsible for:

  • Knowing and understanding the Texas A&M University Form I-9 and E-Verify Policy and Procedure Manual.
  • Meeting in-person with employees to physically inspect original documents to verify identity and work authorization.
  • Completing and approving the Form I-9.
  • Submitting cases to E-Verify and resolving Tentative Non-Confirmations (TNC) according to federal and state guidelines:
    • E-Verify must be submitted within three business days of the hire date
    • TNCs must be resolved within 10 days of the submission date
  • Completing Section 3 of the Form I-9 for:
    • Rehires
    • Legal Name Changes
    • Employment Reverifications
  • Ensuring the Form I-9 is amended when an employee obtains a SSN to submit the case to E-Verify.
  • Submitting Workday Tasks as needed.

Questions

  • If you have questions or need assistance, please submit the Onboarding Contact Form  or call (979) 458-6703.
  • To learn more about Form I-9 timelines, most frequently used documents, and other tips and guidance, please check our Form I-9 Quick Tip Guide

Resources

Form I-9 Basic Knowledge

Federal law requires that every employer who recruits, refers for a fee, or hires an individual for employment in the U.S. must complete Form I-9, Employment Eligibility Verification. Form I-9 verifies the employee's identity and employment authorization.

Requirements

  1. The employee must complete Section 1 on or before the first day of work.
  2. The employer must complete, approve, and E-verify Section 2 within three business days of employee's start date.
  3. The hire date in Workday should match Form I-9 hire date.
  4. If employee is rehired within 3 years from the date of their last Form I-9, you must either:
    1. update the employee's Form I-9 by completing section 3, or
    2. complete a new Form I-9

I-9 Chart

Print Form I-9 Basic Knowledge document

A Form I-9 Section 3 Rehire can be completed for rehires if the employee is being rehired at Texas A&M University and if the most recent Form I-9 was completed less than three years prior to the new hire date.

A Form I-9 Section 3 Reverification must be completed when the employee's work authorization expires. The employee must present the new documents including the new expiration date. Employees who have a Permanent Resident Card do not need to be reverified.

A Form I-9 Section 3 Legal Name must be completed when the employee changes their legal name. The employee must present a document including the new legal name.

Using a Remote Process to Allow Employees to Complete Section 1

This process allows employees to complete Section 1 on their own before meeting with the department's HR Contact or Form I-9 processor to complete Section 2 of the Form I-9. There are no restrictions to use this process.  Submit this Form to Request a Remote Section 1 process.   

 

Using an Authorized Representative to Complete Section 2 of the Form I-9

This process should only be used in extenuating circumstances or when these two conditions apply:

  • The employees are going to be working remotely and
  • Reside outside of the Bryan/College Station area (or more than 30 miles outside of their department’s primary location).

To ensure that a knowledgeable, trained representative is available to inspect documents and complete Section 2 of the Form I-9 according to USCIS guidelines, Texas A&M University has joined the CUPA-HR I-9 Reciprocal Processing Consortium. If you need to use an authorized representative to complete Section 2 of the Form I-9, please follow this process:

If there are no institutions available within a 30 mile radius of the new employee’s zip code, the employee may choose any person who will be willing to act as Texas A&M University’s representative to meet in person with the employee, and physically inspect original, unexpired documents. The employee will provide you with the representative’s contact information, and you should submit the Form to request a Remote Form I-9 using an Authorized Representative Use this Email Sample to communicate with employees regarding completing the Form I-9 using an Authorized Representative.

Notice (5-1-2020): Beginning on May 1, identity documents found in List B set to expire on or after March 1, 2020, and not otherwise extended by the issuing authority, may be treated the same as if the employee presented a valid receipt for an acceptable document for Form I-9 purposes. Within 90 days after DHS's termination of this temporary policy, the employee will be required to present a valid unexpired document to replace the expired document presented when they were initially hired. When entering the document in Guardian, please check the Covid-19 Expiration Date Exception checkbox.

Notice (4-13-2020): Many states across the US are closing their DMV branch offices to the public in order to limit the spread of the coronavirus (COVID-19). As a result, individuals may be unable to apply for a new driver's license or state ID, particularly when an in-person visit is required. Employers are able to accept expired driver's licenses or state IDs as a List B document for I-9 purposes so long as the ID expired on or after March 1, 2020. Please read the guidelines for I-9 processors during Covid-19 about what to do when new employees present an expired Driver's License.

Notice (4-5-2020): Texas A&M is still required to personally review documents for employment eligibility when completing Form I-9. Please review the guidelines for I-9 processors during Covid-19 to complete Form I-9.

Form I-9 Acceptable Documents

Acceptable documents to complete Form I-9, Employment Eligibility Verification

Lost/Misplaced Card
If a US citizen provides a Social Security Card receipt in lieu of their Social Security Card due to a lost or misplaced card, the employee is able to complete the Form I-9 with receipt. The employee has 90 days (upon completion of the Form I-9) to obtain their Social Security Card and provide it to the hiring department HR Liaison who will then notify the HR office and update the Form I-9.
Employees without a Social Security Card
Within 90 days, the employee must provide the hiring department their Social Security Card for the completion of the E-verify process of the Form I-9. It is the hiring department's responsibility to obtain the Social Security Number within 90 days of the employee's hire date. After 90 days, the employee is subject to termination of employment.
Legal Name Change
All employees must provide a U.S. Social Security Administration Card or receipt to the hiring department HR Liaison to update in Guardian. The HR Liaison confirms the name and notifies the I-9 Partner to create an I-9 Section 3, Name Change Only. Once the I-9 Partner has completed the Section 3 with the updated information, the I-9 Partner will approve the new legal name in Workday.

Hiring departments should confirm, after acceptance of an offer, that the student employee has checked in with ISS. F-1 students with an I-20 issued from Texas A&M University must receive an SSN letter from ISS before the student will be eligible to work.

If an international student employee is not able to provide a Social Security Number when completing Form I-9, the student employee can complete the Form I-9 as long as other required documentation (F-1, J-1, H-1, etc.) is provided.

Please visit ISS for more information regarding employment and immigration rules for International Students.

Information for HR Generalists with Guardian Access

  • Routinely monitor your To Do list to complete Form I-9 tasks, including re-verifications. If your Guardian To Do list has red dots, please take action as needed and either complete the task or let us know if the employee is no longer with the department. Contact us at contact onboarding@tamu.edu to update records as needed.
  • A copy of the passport, passport card, or permanent resident card—when used to verify both identity and employment verification—must be uploaded in Guardian before marking the I-9 Complete in Guardian.
  • New hires who do not have their Social Security Number at the time of employment have 45 days to receive their SSN card. If you have entered a new hire into Guardian who does not yet have their Social Security Number (SSN), that new hire cannot be run through the E-Verify process. Employees will receive emails from the onboarding team with reminders to amend the I-9. The email comes from Perfect Compliance. Please make sure employees are aware of this process at the time you meet with them to complete the Form I-9.
  • To ensure you can access your new employee in Guardian, go to Guardian several days before their hire date and attempt to enter the new employee's information. If you are unable to see the employee or make changes to their existing record, please send an email to  onboarding@tamu.edu to request a change in pay sequence (please provide your pay sequence). This will allow us time to change the employee's information so they will be available to you while they are in your office.

Completing the Form l-9 for Foreign Workers Authorized to Work in the USA.

 

Section 1 – To be completed by the employee on or before the hire date

The employee should pay special attention to Section 1.

International employees with work authorization documents issued by the Department of Homeland Security should mark the fourth box “An alien authorized to work until __/__/__”.  For international students working on-campus, the expiration date is the “Program End Date” listed on either the I-20 or DS 2019.

Definitions:

  • A noncitizen national of the United States is a person born in an outlying possession of the U.S. (e.g., American Samoa or Swain's Island) on or after the date the U.S. acquired the possession, or a person whose parents are U.S. non-citizen nationals. All U.S. citizens are U.S. nationals; however, not every U.S. national is a U.S. citizen.
  • Lawful permanent residents (LPRs), also known as “green card” holders, are non-citizens who are lawfully authorized to live permanently within the United States.
  • An alien authorized to work - for employees who are in F-1, J-1, or H-1B status, have an EAD or any other type of work authorization issued by the Department of Homeland Security.

 

Section 2 – To be completed by the employer within three business days of the hire date

The employer’s representative must complete this section using original documents. Below are the most common documents used to complete Section 2 for Aliens Authorized to Work. For the complete list of acceptable documents, please refer to USCIS.

F-1 students with on-campus employment

  • Unexpired passport 
  • I-94
  • I-20

F-1 students with economic necessity employment authorization or optional practical training

  • EAD issued by the USCIS
  • When the EAD expires, employers must reverify the F-1 student’s employment authorization in Section 3. The employee may choose to present any List A or List C document that shows that he or she continues to be authorized to work in the U.S.

F-1 students with curricular practical training (CPT)

  • Unexpired passport
  • I-94
  • I-20 with CPT authorization on reverse side
  • OR B & C Documents (For example, a state driver’s license (List B document) and, under List C #7, a Form I-94 indicating F-1 nonimmigrant status with a properly endorsed Form I-20)

J-1 students

  • Unexpired passport
  • I-94
  • Written employment authorization from the Program Sponsor (the office or agency that issued the DS-2019). If the employee is on academic training, this may be the DS-2019 issued specifically for academic training.

J-1 professors, research scholars, specialists, or medical trainees

  • Unexpired passport
  • I-94
  • DS-2019

H-1B workers

  • Unexpired passport
  • I-94 showing employer’s name. If I-94 does not show employer’s name, employees should present I-797 Approval Notice with employer listed as “Petitioner”.

Employment Authorization Document

  • Form I-766 or EAD – This is a list A document that shows both proof of identity and work authorization. A copy must be retained with the Form I-9 to submit the case to E-Verify.

 

  1. On January 31, 2020 the USCIS published a new version of the Form I-9. This version does not have any substantive changes and carries a version date of 10/21/2019. Employers are required to use this form starting May 1, 2020. The LawLogix team is actively working on implementing the latest version in Guardian and will make it available as part of the March 17, 2020, production release.

    If completing Form I-9 on paper we encourage employers to continue to use the 07/17/17 N version until the newest version is available in guardian. While there are no substantive changes to the form, there are a few differences with the newer version.

    Instructions Changes: Some of the form instructions have been updated to clarify a few items including the following:

    Completing Section 2: Employer or Authorized Representative Review and Verification
    New text added: "You may designate an authorized representative to act on your behalf to complete Section 2. An authorized representative can be any person you designate to complete and sign Form I-9 on your behalf. You are liable for any violations in connection with the form or the verification process, including any violations of the employer sanctions laws committed by the person designated to act on your behalf."
    The Use of "N/A" in Section 2
    When using List A or a combination of List B or C columns, there is no longer a need to enter "N/A" in the unused fields. These fields may be safely left blank if they are not going to be used.
    Document Title Confusion

    The USCIS has added a notation in regards to List C Employment Authorization Documents issued by the DHS "does not include the Employment Authorization Document (Form I-766) from List A."

    Another notation has been added indicating that the List B ID card issued by federal, state, or local government agencies or entities "does not include the driver's license or ID card issued by a State or outlying possession of the United States as described in B1 of the List of Acceptable Documents."

  2. Form I-9 and Guardian Training is Now Available! Federal regulations are constantly changing and if you have not taken I-9 training in the last two years, please register in Traintraq, Course Number 2114043.